Hi

We have an employee who has just been sent to prison for 4-6 years.  The MD spoke to him beforehand and it was agreed that whilst we couldn’t hold a job open for that period of time, we would see him when he got out to re-employ him.  Nothing held in writing though.

He wasn’t a great employee, but no formal warnings are registered against him now, he’s just ‘high maintainance’!  He has completed 3 years service.

What paperwork do I need to complete – do I issue a P45? or could that lead to a claim for unfair dismissal.  We will have to take someone else on…let’s say he serves 2 years, will we have to make someone redundant in order to take him back?  I wish there was some kind of clear protocol for some of these things – it’s very confusing!

Many thanks

Jacquie